4S\  147 

Property  of  ths  United  states  Government 

I--U..I  .lulv  25,  1007. 
(B.  A.  I.  Order  No.  147.) 

United  Stales  Department  of  Agriculture, 

BUREAU    OF    ANIMAL    INDUSTRY. 


REGULATIONS  PRESCRIBED  IN  REGARD  TO   RENOYATED   BUTTER  IN 
ACCORDANCE  WITH  THE  ACT  OF  CONGRESS  APPROYED  MAY  <>.  1902. 

Washington,  D.  C,  July  11,  1907. 

The  following  regulations  in  regard  to  renovated  butter  are  issued 
jointly  by  the  Secretary  of  the  Treasury  and  the  Secretary  of  Agricul- 
ture. These  regulations  become  effective  August  15,  1907,  and  on  and 
after  that  date  will  supersede  all  previous  regulations  on  the  subject  of 
renovated  butter. 

Geo.  B.  Cortelyou, 

Secretary  of  the  Treasury. 

W.  M.  Hays, 
Acting  Secretary  of  Agriculture. 


Regulation  1.  The  act  of  May  9,  1902,  gives  to  the  manufacturer  of 
renovated  or  process  butter  the  option  to  call  the  product  "  renovated 
butter"  or  to  call  it  "  process  butter." 

For  the  sake  of  brevity  the  words  "renovated  butter"  are  used  in 
these  regulations  as  synonymous  with  the  words  "process  butter." 
Therefore,  any  marking  or  branding  with  the  words  "  renovated  butter," 
required  by  these  regulations,  will  be  satisfied  if  the  words  "  process 
butter  "  be  used  in  lieu  of  the  words  "  renovated  butter." 

Regulation  2.  The  following  explanation  of  the  definition  of  reno- 
vated butter,  as  it  occurs  in  the  law,  is  adopted  for  guidance  in  connec- 
tion with  these  regulations  : 

(a)  This  grade  or  kind  of  butter  may  be  made  from  one  or  more  lots 
or  parcels  of  butter,  which  has  been  or  have  been  "  subjected  to  any 
process  by  which  it  is  melted,  clarified,  or  refined,  and  made  to  resem- 
ble genuine  butter,  always  excepting  'adulterated  butter,1  as  defined  by 
this  act."  It  may  or  may  not  have  common  salt  and  harmless  artificial 
coloring  added. 

(6)  The  law  defines  three  processes  of  refining  butter,  which,  if  used. 
make  the  resultant  article  adulterated  butter,  in  contradistinction  to 
renovated  butter,  as  follows: 

First,  if  in  any  way  any  acid,  alkali,  chemical,  or  any  substance  what- 
ever is  introduced  or  used  for  the  purpose  or  with  the  effect  of  de<><h>r- 


ising  or  removing  therefrom  rancidity  ;  second,  if  there  is  mixed  any 
substance  foreign  to  butter  with  intent  or  effect  of  cheapening  in  cost 
the  product;  and,  third,  if  in  any  way  the  product  is  made  to  contain 
abnormal  quantities  of  water,  milk,  or  cream. 

Butter  which  has  been  renovated  and  has  16  per  cent  or  more  of 
moisture  will  be  held  to  contain  abnormal  quantities  of  water,  milk,  or 
cream,  and  will  therefore  be  classed  as  adulterated  butter. 

Regulation  3.  Section  4  of  the  act  of  May  9,  1902,  provides : 
Manufacturers  of  process  or  renovated  butter  shall  pay  fifty  dollar-  per  year. 
*    *    *    Every  person  who  engages  in  the  production  of  process  or  renovated 
butter    *    *    *     as  a  business  shall  be  considered  to  be  a  manufacturer  thereof. 

The  special-tax  year  begins  Jul}7 1.  The  special  tax  of  manufacturers 
who  commence  business  in  the  month  of  July  will  be  reckoned  for  one 
year,  and  the  tax  of  manufacturers  who  commence  business  after  the 
month  of  July  will  be  reckoned  proportionately  from  the  first  day  of  the 
month  from  which  the  liability  to  special  tax  commenced  to  the  first 
day  of  July  following. 

Regulation  4.  Ever}r  manufacturer  of  renovated  butter,  before  com- 
mencing business  (or  at  least  within  the  month  in  which  liability  to 
special  tax  commenced),  must  register  with  the  collector  of  the  district 
in  which  the  business  is  to  be  carried  on  his  name,  or  firm  or  corporate 
name,  place  of  residence,  nature  of  business,  and  the  place  where  such 
business  is  to  be  carried  on,  and  procure  a  special-tax  stamp  at  the  rate 
of  $50  per  annum,  which  stamp  he  shall  place  and  keep  conspicuously 
posted  in  his  establishment  or  place  of  business ;  and  on  the  first  day 
of  July  in  each  year  he  must  again  so  register  and  procure  a  new  special- 
tax  stamp  and  post  it  as  above  stated. 

Regulation  5.  Every  manufacturer  of  renovated  butter  will  be  re- 
quired to  file  with  the  collector  a  notice  on  Form  507  together  with  an 
inventory,  Form  509,  when  making  application  for  special-tax  stamp  as 
manufacturer.  At  the  same  time  he  will  file  a  bond,  Form  508,  in  a 
penal  sum  to  be  fixed  by  the  collector  of  internal  revenue  for  his  dis- 
trict, but  in  no  case  less  than  $500. 

Collectors  of  internal  revenue  will  decline  to  approve  the  bond  of  a 
manufacturer  of  renovated  butter  until  they  are  satisfied  that  the  prem- 
ises to  be  used  for  the  manufacture  of  that  article  are  entirely  separate 
from  those  used  for  the  manufacture  of  adulterated  butter  or  oleomar- 
garine, or  for  the  handling  or  manipulation  of  butter  not  taxable  under 
the  act  of  May  9,  1902.     (See  Treas.  Dec.  No.  588,  Oct.  6,  1902.) 

Regulation  6.  Collectors  will  give  to  each  manufacturer  of  reno- 
vated butter  in  their  respective  districts  a  factory  number,  the  numbers 
to  be  consecutive  and  not  thereafter  changed.  A  new  number  should 
be  given  to  a  new  factory.  The  change  in  ownership  of  a  factory  does 
not  necessitate  a  change  in  the  factory  number. 


Regulation  ?.  Every  manufacturer  of  renovated  butter  shall  place 
and  keep  over  the  principal  entrance  of  the  factory  wherein  hie  business 
ie  carried  on,  so  thai    it    can   be  distinctly  Been,  a   sign,  with  letters 

thereon  not  less  than  .'!  inches  in  height,  printed  in  oil  colors  or  uril«l<<l. 
giving  his  full    name   and    business   and   the  number  of  his  factory,  as 

follows : 

A B  

Manufacturer  of  Renovated  Butter. 
Factory  No. 

Regulation  8.  Under  the  provisions  of  section  4  of  the  act  of  May 
9,  1902,  the  tax  of  one-fourth  of  1  cent  per  pound  imposed  thereby  on 
renovated  butter  is  to  be  represented  by  coupon  stamps,  to  be  provided 
by  the  Commissioner  of  Internal  Revenue  as  authorized  by  existing  laws. 
A  fractional  part  of  a  pound  shall  be  taxed  as  a  pound. 

Regulation  9.  For  this  purpose  tax-paid  stamps  will  be  furnished 
in  denominations  of  10,  20,  30,  40,  50,  60,  and  100  pounds,  each  stamp 
bearing  nine  coupons.  Such  stamps  must  contain  the  name  of  the 
collector,  his  district  and  State,  and  show  thereon  the  date  of  payment 
of  the  tax,  the  number  of  pounds,  and  the  number  of  the  factory. 

Regulation  10.  On  the  withdrawal  of  a  package  of  renovated  butter 
the  proper  tax-paid  stamp  must  be  affixed  thereto  by  the  manufacturer, 
by  the  use  of  adhesive  material,  and  if  the  package  be  of  wood  not  less 
than  five  tacks  must  be  driven  through  each  stamp,  one  in  each  corner 
and  one  in  the  middle  of  the  stamp.  The  stamp  when  so  affixed  must 
be  immediately  canceled.  The  blank  spaces  reserved  for  the  manufac- 
turer must  be  properly  filled  up  by  him  in  accordance  writh  the  plain 
requirements  of  the  form  of  the  stamp.  This  is  not  optional  with  the 
manufacturer,  but  a  requirement.  In  the  blank  space  in  the  lower  left- 
hand  corner  of  the  stamp  must  be  inserted  the  date  wrhen  the  stamp  wTas 
affixed  and  canceled.  This  is  required  to  be  done  before  the  renovated 
butter  is  removed  from  the  factory.  The  date  of  issue  must  be  entered 
on  the  stamp  by  the  collector  at  the  time  the  same  is  issued. 

For  the  purpose  of  cancellation  the  manufacturer  will  use  a  stencil 
plate  or  rubber  stamp  by  which  there  shall  be  printed  five  parallel 
waved  lines  long  enough  to  extend  beyond  each  side  of  the  stamp  onto 
the  package.  The  printing  on  the  stamp  must  be  plain  and  distinct, 
and  the  waved  lines  must  be  fine  enough  to  avoid  obliterating  the  read- 
ing matter  and  figures  contained  in  the  tax-paid  stamp.  The  canceling 
must  be  with  blacking  or  other  durable  coloring  material,  over  and 
across  tin1  stamp,  and  in  such  manner  as  not  to  daub  and  make  it 
illegible. 

Regulation  1 1.  The  stamp  must  be  affixed  to  the  side  of  the  pack- 
age, to  a  smooth  surface,  in  such  a  manner  as  to  be  readily  canceled  in  the 
manner    above    described.     When    a   package    contains  a  number  of 


pounds  between  10  and  20,  a  10-pound  stamp  with  the  necessary 
number  of  coupons  attached  will  be  issued  to  cover  the  net  weight. 
Packages  containing  more  than  20  pounds  and  less  than  30  pounds  will 
have  attached  a  20-pound  stamp  with  a  suitable  number  of  coupons  to 
represent  the  contents.    Larger  sized  packages  will  be  similarly  stamped. 

Regulation  12.  Eve^  manufacturer's  package  of  renovated  butter 
shall  have  affixed  thereto  a  label  on  which  shall  be  printed  the  number 
of  the  factory  and  the  revenue  district  and  State  in  which  it  is  located, 
together  with  the  following  notice : 

Form  For  Renovated  Butter. 
Factory  No. ,  district,  State  of 


Notice.— The  manufacturer  of  the  RENOVATED  BUTTER  herein  con- 
tained has  complied  with  all  the  requirements  of  the  law  and  the  regulations 
authorized  thereby.  Every  person  is  cautioned  not  to  use  again  either  this 
package  for  renovated  butter  or  tax  stamp  thereon,  or  to  remove  the  contents  of 
this  package  without  destroying  said  stamp,  under  penalty  provided  by  law  in 
such  cases. 

This  label  or  notice  shall  be  printed  in  black,  upon  white  paper,  and 
shall  be  not  less  than  5  nor  more  than  7  inches  long,  and  not  less  than 
3  inches  in  width.  The  label  must  be  securely  affixed  by  paste  to  the 
side  of  the  package  and  opposite  or  on  a  different  side  (not  the  top  or 
bottom)  from  that  to  which  the  tax  stamp  is  attached,  and  in  such  a 
way  as  to  be  exposed  to  view  and  easily  read.  The  words  "Renovated 
Butter"  in  this  notice  must  be  printed  in  one  or  two  lines  and  in  plain 
gothic  letters  at  least  three-eighths  of  an  inch  square.  There  must  also 
be  plainly  marked  or  stenciled  on  the  outside  of  every  package  the 
gross,  tare,  and  net  weight  in  pounds. 

Regulation  13.  Each  manufacturer  of  renovated  butter  is  required 
to  keep  books  and  make  returns  showing  the  quantity  of  materials 
received  on  the  factory  premises  and  the  quantity  of  finished  product 
removed  therefrom.  Sample  pages  of  book  (Form  No.  511)  to  be  kept 
by  manufacturers  will  be  furnished  to  collectors,  but  the  book  must  be 
provided  by  the  manufacturer,  as  the  same  is  not  supplied  by  the 
Government. 

Regulation  14.  Form  No.  499  has  been  prescribed  for  monthly  returns 
of  manufacturers  of  renovated  butter,  and  such  forms  will  be  furnished 
through  the  collectors  of  internal  revenue. 

In  preparing  Form  499  manufacturers  should  note  on  pages  1  and  2 
the  quantities  of  materials  used  in  producing  renovated  butter  each  day 
of  the  month  and  the  quantity  produced.  On  page  2  is  a  space  pro- 
vided for  a  special  account  of  tax-paid  renovated  butter  returned  to  the 
factory.  On  inside  pages  of  Form  499  should  be  noted  the  date  when 
renovated   butter  is   sold,   removed,   or   destroyed,   together  with    the 


amount  by  packages  and   pounds;   also  to  whom  sold   or  consigned, 
giving  the  name,  place  ol  business,  residence,  county,  and  State. 
The  last  page  of  this  form  contains  a  recapitulation  of  the  quantity 

of  renovated  butter  produced  and  disposed  of  during  the  month  and  the 
quantity  on  hand  at  the  beginning  and  at  the  end  of  each  month.  This 
should  be  prepared  with  great  care.  The  certificate  in  this  form  musl 
be  executed  by  the  manufacturer,  or  his  duly  authorized  representative, 
and  be  sworn  to  before  a  deputy  collector  or  an  officer  authorized  to 
administer  oaths  generally. 

Regulation  15.  Whenever  any  manufacturer's  package  of  renovated 
butter  is  empty  it  shall  be  the  duty  of  the  person  who  removes  the  con- 
tents thereof  to  destroy  utterly  the  tax-paid  stamp  on  such  empty 
package.  Any  person  having  in  his  possession  empty  renovated  butter 
packages  the  tax-paid  stamps  on  which  have  not  been  destroyed  will 
be  liable  to  a  heavy  penalty. 

The  ruling  by  the  Commissioner  of  Internal  Revenue,  under  date 
of  October  6,  1902,  permitting  the  shipment  of  original  packages  of 
renovated  butter  covered  wdth  jute,  burlap,  or  heavy  paper  from  the 
place  of  manufacture  or  place  of  business  of  the  wholesale  dealer  is 
hereby  revoked,  and  all  packages  of  renovated  butter  so  covered  or 
wrapped  wThich  may  be  found  on  the  market  on  and  after  the  date  that 
these  regulations  become  effective  will  not  be  deemed  in  compliance 
with  the  law. 

Regulation  16.  Attention  is  called  to  the  fact  that  the  act  named 
makes  no  provision  for  the  exportation  free  of  tax  of  renovated  butter, 
nor  for  any  drawback  on  such  articles  when  exported.  Consequently 
all  renovated  butter  for  export  must  be  stamped  the  same  as  for  domes- 
tic market. 

The  act  of  May  9,  1902,  neither  defines  nor  imposes  special  taxes 
upon  wholesale  or  retail  dealers  in  renovated  butter.  Renovated  butter 
must  always  bear  or  be  accompanied  by  the  evidence  that  the  manu- 
facturer's tax  thereon  has  been  paid. 

Regulation  17.  Officers  or  agents  of  the  Department  of  Agriculture 
shall  make  a  rigid  sanitary  inspection  of  all  factories  and  storehouses 
where  renovated  butter  is  manufactured,  packed,  or  prepared  for  mar- 
ket. The  time  of  such  inspection  shall  be  at  the  discretion  of  the  Sec- 
retary of  Agriculture.  Full  report  covering  the  sanitary  conditions  shall 
be  made  to  the  Secretary  of  Agriculture. 

Regulation  18.  Inspection  shall  also  be  made  of  the  materials  going 
into  the  manufacture  of  renovated  butter  and  the  product  thereof,  and 
the  inspector  shall  report  the  quantity  and  quality  of  renovated  butter 
manufactured  and  the  character  and  the  condition  of  the  materials  from 
which  it  is  made.  If  materials  to  be  used  in  the  manufacture  of  renovated 
butter  are  deleterious  to  health  or  unwholesome  in  the  finished  product 
they  shall  be  confiscated. 


6 

Regulation  19.  According  to  the  food  and  drugs  act  of  June  30, 
1906,  if  renovated  butter  consists  in  whole  or  in  part  of  a  filthy,  decom- 
posed, or  putrid  animal  or  vegetable  substance  it  shall  be  deemed  adul- 
terated under  that  act. 

Regulation  20.  Each  manufacturer's  package,  containing  10  pounds 
or  more  solid  packed  renovated  butter,  must  have  branded  into  the 
upper  surface  of  the  renovated  butter  the  words  "Renovated  Butter" 
in  one  or  two  lines,  the  letters  to  be  gothic  style  not  less  than  one-half 
inch  square  and  depressed  not  less  than  one-eighth  of  an  inch.  Prints, 
bricks,  or  rolls  must  be  similarly  branded,  the  letters  to  be  not  less 
than  three-eighths  of  an  inch  square. 

Regulation  21.  All  coverings  or  wrappers  of  prints,  bricks,  or  rolls 
of  renovated  butter,  whether  paper  or  cloth,  must  have  the  words 
"  Renovated  Butter  "  in  one  or  two  lines,  marked,  branded,  stenciled, 
or  printed  thereon  in  black  or  nearly  black  upon  white  or  light  ground, 
in  full-faced  gothic  letters  not  less  than  three-eighths  of  an  inch  square, 
so  placed  as  to  be  the  only  marking  upon  one  side  or  surface  of  the 
parcel  so  packed. 

Regulation  22.  Any  marks,  brands,  or  labels,  other  than  those  men- 
tioned in  these  regulations,  with  the  exception  of  the  shipping  marks 
used  in  commerce,  must  be  approved  by  the  Secretary  of  Agriculture 
before  such  marks,  brands,  or  labels  may  be  used  by  the  manufacturers. 

Regulation  23.  Copies  of  all  approved  marks,  brands,  or  labels 
must  be  kept  on  file  and  accessible  to  the  officer  or  agent  of  the  Depart- 
ment of  Agriculture  at  the  office  or  place  of  business  of  the  manufacturer. 

Regulation  24.  While  the  act  of  May  9,  1902,  does  not  give  the 
Secretary  of  Agriculture  authority  to  prescribe  regulations  for  marking 
or  branding  other  than  manufacturers'  packages,  the  food  and  drugs 
act  of  June  30,  1906,  prohibits  the  misbranding  of  all  food  articles 
entering  into  interstate  commerce.  An  article  is  misbranded  in  the 
following  cases : 

First.  If  it  be  an  imitation  of  or  offered  for  sale  under  the  distinctive 
name  of  another  article. 

Second.  If  it  be  labeled  or  branded  so  as  to  deceive  or  mislead  the 
purchaser. 

Third.  If  in  package  form,  and  the  contents  are  stated  in  terms  of 
weight  or  measure,  they  are  not  plainly  and  correctly  stated  on  the  out- 
side of  the  package. 

Fourth.  If  the  package  containing  it,  or  its  label,  shall  bear  any 
statement,  design,  or  device  regarding  the  ingredients  or  the  substances 
contained  therein,  which  statement,  design,  or  device  shall  be  false  or 
misleading  in  any  particular. 

Regulation  25.  Renovated  butter  for  export  must  be  marked  and 
branded  as  for  the  domestic  market.     All  renovated  butter  offered  for 


export  must  be  inspected  by  duly  authorized  officers  or  agents  of  the 
I  department  of  Agriculture.  After  Bucfa  officer  has  determined  its  purity, 
quality,  and  grade  he  -hall,  if  Baid  renovated  butter  be  fpund  pun-  and 

properly  branded  and  marked,  issue  a  certificate  Betting  forth  these  fa 

Regulation  26.  Officers  of  the  Department  of  Agriculture,  finding 
renovated  butter  on  the  market  not  bearing  evidence  that  the  tax 
thereon  has  been  paid,  or  without  the  caution  notice  required,  or  butter 

suspected  of  being  renovated  or  adulterated,  will  report  the  facts  in  the 
case  to  the  nearest  internal  revenue  officer,  and,  if  necessary,  secure 
samples  of  the  suspected  product  for  transmission  to  the  laboratory  of 
the  Internal  Revenue  Bureau  for  chemical  analysis.  Likewise  revenue 
officers,  finding  renovated  butter  on  the  market  which  does  not  comply 
with  these  regulations,  should  promptly  notify  the  Department  of 
Agriculture  or  its  nearest  representative  of  the  location  of  such  butter 
and  the  facts  relating  thereto. 

Regulation  27.  The  following  directions  are  given  for  taking  samples 
of  suspected  butter: 

At  least  a  pound  sample  should  be  taken,  which  should  be  made  up 
of  portions  taken  from  various  parts  of  the  package  by  means  of  a  spoon 
or  trier.  This  sample  should  be  at  once  transferred  to  the  container  in 
which  it  is  to  be  shipped,  which  must  be  water-tight  and  perfectly  dry. 
All  wrappings  of  any  kind  must  be  removed  before  the  sample  is  placed 
in  the  container. 

Glass  fruit  jars  with  tops  that  can  be  screwed  down  upon  rubber 
rings,  or  tin  fruit  cans  with  tops  that  can  be  readily  soldered  on,  are 
satisfactory  and  readily  obtainable. 

The  container  must  be  marked  so  that  it  can  be  identified  by  the 
officer  taking  the  sample,  and  it  must  be  accompanied  with  a  full 
description  of  the  sample  as  to  origin  and  suspected  adulteration,  either 
as  a  letter  of  transmittal  or  with  the  sample. 

The  proper  sealing  and  shipping  of  the  sample  is  of  great  importance, 
for  if  the  analyst  can  not  testify  that  it  was  received  with  seals  unbroken. 
the  evidence  is  always  open  to  attack. 

The  sealing  is  best  accomplished  by  placing  the  vessel  containing  the 
substance  in  a  box  or  other  suitable  receptacle  and  securing  the  latter 
with  string  or  tape  in  such  a  manner  that  the  package  can  not  he  opened 
without  cutting  or  untying  the  tape;  the  knots  and  intersections  of  the 
latter  should  then  be  covered  with  sealing  wax  and  impressed  by  means 
of  a  broad  die  bearing  letters  or  characters  easily  recognized. 

The  sealing  of  the  bottle  or  vessel  itself  is  not  desirable,  as  the  wax 
is  likely  to  get  into  the  sample  when  it  is  opened.  The  sealed  box 
may  then  be  inclosed  in  another  box  for  shipment,  if  desirable.  The 
method  of  sealing  ordinarily  used  by  express  agents  will  be  satisfactory 
if  it  is  done  in  the  presence  of  the  officer  transmitting  the  sample,  and 


UNIVERSITY  OF  FLORIDA 


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may  be  applied  to  the  outer  box,  no  other  sealing  being  necessary. 
This  is  the  most  convenient  and  economical  method  when  a  number  of 
samples  are  transmitted  at  one  time  by  express. 

Samples  should  be  addressed  to  the  Commissioner  of  Internal  Reve- 
nue, care  of  Laboratory,  Washington,  D.  C. 

Regulation  28.  The  word  "adulterated,"  herein  used  under  the  act 
of  May  9,  1902,  refers  to  the  definition  of  the  taxable  article  as  given  in 
Regulation  2,  while  the  same  word  employed  in  the  food  and  drugs 
act  of  June  30,  1906,  has  reference  to  the  classification  under  that  act. 

Regulation  29.  Correspondence  and  all  administrative  details  under 
the  Regulations  numbered  3  to  16,  inclusive,  above,  are  assigned  to  the 
Commissioner  of  Internal  Revenue,  Treasury  Department.  All  matters 
under  Regulations  17  to  26,  inclusive,  are  assigned  to  the  Chief  of  the 
Bureau  of  Animal  Industry,  Department  of  Agriculture. 

Regulation  30.  These  regulations  shall  become  and  be  effective  on 
and  after  August  15,  1907. 

Approved:  Geo.  B.  Cortelyou, 

Secretary  of  the  Treasury. 

James  Wilson, 

Secretary  of  Agriculture. 

Washington,  D.  C,  July  2,  1907. 

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